The Sun. — London, England, 1808-03-16 00:00:00

the iririreeuld have effeaed their retreat their preyi. s'!ons - ftt33l the ships, or from the country would certainly I t ive been short ; but . tnore particul,rly wbe . ri I called to mnd,tlie declaration Of his Mitie7 , .ty's rtlidisterf, Ord their /n -orth...lions to: Cellerli W that the pesss , ,iion of the co. airy could not be an °Ned, utdiss it be maintained by a 'force which I knew by of perience vvas,vry insufficient for that put - 1103e; I had no hesitation itr-4..aying, thiit it better terms could not be obtained, and a peric.o of SIXIrIO/I?llSgiNen for the evacuation •of Monte .Video,. with the merchants to dispose of their goads, was my opinion they shou'd be,atcrdect to. • Vhe General immediately called to General Gower, and arquaitited him that I MS of the same opinion with them both, upon which General Gower obsetv. .eelto'ine that he had objetted to any 'answer-being returned till the Nap del Toros should be , examined; but finding that ;he possession of it by no means insured, or even greatly facilitated the capture of the piece,. he thought it would be prudent to entetmto ncgociation. General Gower was then sent into the to and returned in the evening, saying til3t - a peridd of two months for the evacuation of Itlonte Video \lves positively insisted on, aid he believiA would not be re. seindeft. roc Gener4l,then determined to accept the terms, and,. tnii,ty tv. , 5 ct•ity ot which I ti.%t wan i•dturll to hoylaud. 'Brigadier Gent;tal Lumhy was then' earned again, and -148ve an acconnt of Lie Cce right wing, under his conim Ina, i!1 opou Buttioi Ayres, the particulors of Lich ;!re) already before the PotTlic. Brigadier-G'tneral Cl 4 At: Ft; rt r, Ca Q. Continue your narr.ltive I tom the perkal at whichit was broken nifott the el , ise of the 4th 1 try to the tuner& your stir/TM:4f I with the tight wltittul I , a7,sed quire 411(hugh the town, and arrived at the ty;r4.li wittiant meiting - any obstacle, Or . seeing any tltbw, but ~itag4i•ng 4 , a rks a t . the criony. Till twelve osclO,:k I. bad ire rearainto - suppose that any considerable diSaster had bet:at44i -any part tat. bur army, anti when about that time a Spanish UltiLtir with a „haw of truce approachcd the convent, I flattered myself that the other columns had estahl shed themselves as pear to the enemy's-position kb U had; that Genet al !Anjou had judged it eltpcifient to capitulate, awl the it was t - •r the piirpost of communicating such intention to the Commander in Chief through 1110,-, teat he had ~etir,this olfeccr.• When however lye Mite into the court-lard of the convent, he informed rite that the Si,th regiment, ann to z nite other , corps whialthe did not sp:cify, were taken" pristito.ers ; that all our attacks hail rgileo, awl That he was ettaria.fd by General Lintels to sarnition . me to surrender, This I peremptorily refused, and the officer went away 'without remitio ranee or any tut. trier •eonveraation poising. • Thia -circumstance, together with my itaimig been lour lours at tills piot without any one coming near for any information or assistance, made me think the. situation tint an :idv isable one to remain iii. I t here. fore deteimmeil t,t avail myself of the • first favourable mo ment to e:.tricaie myself from conceiving the hest lime would be when the enemy approachvd in great numbers in the anuts, and' e,.by mixing with them, might render less et: feet nal the lire trorn the surrounding hot es,►slitch were now completely occupied. W bile I was tliti6 preparing to evacuate the post, the fire front tie houses close to tile convent was so tievere. that about 4o meirot•the ,4th were killed or wounded in the course ut two ur tilt(TittimitrS. Major Trotter was also killed and finding cat (Meeting any fling, I Ordered tit, tem.:ruder to bae!canto the Lonvent, which the cwituateii to detetallill about h ill past three tec lock.— After the attempt to evacuate, which I have just described, I yvas filly convinced we were unable to extricate ourselves by any ettbrt, and stain after thus the firing crawl in all parts of the town, and as none of our troops came near us, t con (jutted; ut cOltriie, thin the Amick hull generally tailed. About halftta::t t thee o'clock 1 asetiili!ett the field officers. Culanel Pack, Colonel Guard, and Major Macleod, who ,commad. ed thealetachinent of the artillery corps. After mature de. liberation;' Lieutenant-Colonel I ) ,ack • and Colonel Guard did pasitively and unequivocally 'give It as' their opinion, with". mitte, that the situation was such as tully Justitizil - Ole, and ,trade it adviseable - that I should hold out a tag of. truce - far putting .an entftu the action on the test tenni. I could ob. rain. The •htithher WlitOil surrendered 1 believe to have bc.'cii about 600 rank and tile. • • The EvAence on the part of the: rvosecution having dosed, General WHITELOCKX, 011 the :30111 day of the Trial, began his Defence, the substance of which was as follows. . The satisimaion I feel in being at length. per, 'flitted to claim the atteotion'and indulgence of the Court is proportioned 'to the anxious iMpatience with which I have looked forward to this opportunity of explaining my conduct in South America, and the causes which led to the result which Constitutes the subje4l, of the present investigation, The dis appointment of the, hopes I had entertained of the success of an Esoeditien upon which such expeaa tions in every point of view, military, political, and conime,rciat, had been formed, had prepared me to meet a suong and getteral.fecling corresponding with; My own, the natural and almost neces,ary attend-, 41 1 . t upon public disappointment and misfortune. • I had prcpar,,,d toyselfalso.to hear the claintairs of the disappointed, and strittures upon my condua from iliost whose wither and niterest led them , to judge from, events only, without any adequate means of intern - ration. But feeling conscious that .I. had zeal allot and ear o s oy eaetwouled to perform my duty, and that, in the ultiniate succilice which'adverse cir cumstances had induced tne to make, I had disregard ed all interested •conSidetations,' and been actuated only by. public motives,, I, confess it was with sur prise, as well s mrtification, that I. found on iny return that the opinions had been so indus triously propagated as to :BY eundutt ,in South A. rica had, almost without:inquiry, been adopted by the highest authorities ; that zaltitunies, the most injurious to my charaaer,, had been' made the sub 4jett at discussion; and that in the absence of any evidence to support them, or of any individual of fering to stand forward as my accuser, proceedings (morel' in oar military jurisprudence,. however they may be santtioned by ether Courts) , were adopted, for the purpose of considering Whether those caltun nies were to be still outlier sandioned and made a subject of charge. 'Tao condud of myself and others had been ,prejudged, and rna,.le the sub; at of lutemperittu Mitt premature tit:icussion in the daily papeta„, white I was. absent ; and I was, without trial or crest, hplutry, held up sic an object of public. ind'patieo and scorn, and as having dig aced my t istul they ptotesshiou, and the military character fmy cow ty. It soon, became known that the Govertunem had determined that an inVeStigation of my conduct tiliould take plate ; the FAliturs of the pobLc papers, actuated by a sense. of decent pro, friety and common justice; cly fortioresany urther comments. But a subaltern Officer, who served in the txpeditiutt, thought tit, with a fall knoWledge .of my being wider arrest, amid thererore to all por- por i 3O of law and justice -upon tny trial, to publi s h 'a libel upon the condu6t uf myself iind others, for, the express purpose or profit t o h ult ,,,,v, i tt t h e ex . petwe of a gross viohitioo of every principle of , tto tour or teelmg and of thelaws of the Country, en deavouring to keep up arid excite the strongest pre. juditrct pit the public agaiost me, 'and, if it were pos• itible, to infiuence the mindsof those who were to be my judges ; and a field officer of Hoot her regi went liaslelt no shame in patronising thislibel, aud. distributing it with the givatea tndustry. - Irritated is I necessarily felt at timid onattilly atpUks, and at bearins that misrepresentatio!i4 Ouit whteb they were thundud, and anxious as I must twr to retain the good opirtien of my Country:, I still telt that a re:. said to 'Joy own charatterann situation, -the respea s. _ , thie to the Illustrious Personage at the heed e(,,the • army, and to my Sovereign, and in a ease like this (where the public is :so deeply concerned) still more perhaps to this honourable Court, imperatively call ed upon inc to a..vnit in silence the opportenity Which I found 'was to be afforded of explaining to my Sovereign and the Coentry my condu6t the cotrithadd which had bean 'entrusted to I therefore forbore to anssver any of the calumnies which hid been propagated againkt me, or to sanc tion' atiy., - publication*et paragraph upon the sub. jed; and . retired until the approach of this trial into the mutiny, denying myself even the' gratification of associating with many valuable friends, who have been anxious to -spew themselves superior to the prejudices excited by popular clamour, and to. mark. their' attention to me since my return. .1 men tion this thus pointedly, t() prevent any possible steliielon being entertained that. I could sanction, or Hatt any knowledge of a vindication of my condud, ,which has been etiblished, by some person wholly unknown to' me ; and I am more anxious to do this, ...as that 'publication - contained stridures upon the conduCt of others ; and I trust - , therefore, that the Coiert will excuse my having occupied a few more mons of their time upou'this subjed. I felt it my duty to controul, but I could nut subdue the feelings excited by these attacks ; and I considered there fore the "opportunity afforded me of entering upon my vindication, as my hest prate/lion against public, prejtedice; Thu knowledge that may itnnives and con dud were to be submitted to and judged by a tribe nal, composed of persons alone coalpetent, from ' their rank in the service, their habits, experience, and talents, to forrn a just estimate of all the pecu liar circumstances which form the subjea of the pre . scot investigation, stipf4rted me during an anxious period of suspense and procrasnuation. I considered my ittrial as an appeal from popular clamour, fur such I eannat but call it, as applied to me before either trial or ioquiry, however general or high the sources . Wight' be from which it wren, to honour.- able ~incl"i andid minds, divested of all those feelings and ereiediees which stay • and dired the course of public op nion ; and I confess I had flattered myself, that ale 'till on this salved have foond proteetor even in my prosecutor ; and that, considerlng his anomalous and almost (I hope I may, without offence,' say) inc: mpatibte duties, he would, in the character of an ads iser and assistam to the Court, have diveated, himself of .every feetitig chaise `ail With public pre•;.' judiee, end have permitted toy trial to have com menced; at le.tit,withorit the eetraordioary comment which recited somucti surprise, 1 believe, 10 all who heard it ; and which, in the situation he fills, and consideeng the last cbariOer he is to sustain, after he .preeeedings are completed, and yoer deliberation . commeeces, of an adviser on points 'on which you may require hie assistance, I can hardly think could be deemed jusiihable et any period of such a trial, or after any evidence, however strong, atihich could have been produced, lhe .lodge-Advoeate General slated,lhat he should follow the example of his pre ceeesbut s upon Similar occasions, by abstaining, in that stage of the proceeding, from any detailed ob servetions upon the charges. His predecessoe,the late Sir ChzeleS Gould, in the only case of impOrtance in wl►ieh audee-Ativotan e has stood inesintilar situation meal. Lord Sackeille's' ; , made tin addi'er;s whatever to thb Court on the opeMog (Oahe prosecution and in .his reply, root -studiously avoided making a e , iugle observation that could in the most .distant way ',he cotisideredas addteesed to the feelings or passions of the Court, although that transaction had excited more of popular feeling than any which had ever oc curred ; onieh so as to leave it, poa•iibly for ever, a subjed of historicai dispute, whether they' edgment even was not in some measure iefieencea by that feel. ing—l put it to the liberality and candotir of t he Right' Hon. JudgesAdvecate, whether have not Some, little right to complain, and cause to lament, that he had not followed the example of his predecessor, and abataiind from stating to the Public (for such an ad .di eaa could not be "intended for the Court), that hopes had been,' as he was pleased to say, justly as well es generally entertained, of disc ovexing new markets for our tuanuladures,and giving a WiderscOpe to the spirit ,of mercantile eisferprise, anti' Opeee lug new sources of treasure;'- although everyinfor mantl as to the state of South America, and the 'lutile and implacable spirit of its inhabitants towards us, has proved that those hopes were completely fella- (noes; that he had 'abstained irons calling in aid of these charges the attempts daily making to exclude our trade trom the Continent of Europe, and even the present crisis of the world ; or the' aggrava- Oen of the pnblic" misfortune, by the Accumulated weight of all these considetations,'oreth stnnce of reports to my prejudice. - having survivealahe lirot impreSsions of public sorrow, as a proof. t hat they have.not origihated in the natural impulse ef . the . human- mind to tied an object on which to attach blame,'—Well may they survive and .coittinue, if, in a Court of Justice,. these topics could teeenforced with studied atrength of expression, by, a person whose rank and. atation in 'life, and public eha racier in the Court, could nut but stimulate the already too much 'exasperated state of the public mind noon this transaction.-=l ern satisfied that when the Court advert to the manner in _Which I have been pursued, and' I may, say Cendetntgld, by puhlie-clamour, without that ,or inquiry, . they Will forgive 'my having niade this (mutt - tent ;• and will permit, me • alSo to State • a more seriotis i though not a more irritating, Brouud a-complaint, which 1 cannot but think I am entitled to make, u'piiit the manner in Which the proscution aletiest me has been coedueted, slid the nature of the evidence which hait been produced. A miatornine naturally exciting strong public feeling, may impose upon the Goverinnent The duty of ditedingethat,thecaoSes of that misfortune should: be . investigated. Such an inquiry is (as as the Prosecutor has justly seat eel) as necessary for my vindication, as it is to the public sat isfahiun. I,f I have been tanfortuneteettiti not cnlpable, it is the only means by Which Itould stem the tide of prejudice; and if I have been culpable, it is necessary for the pat - pose of ascertaining th e d e . gree-iii which 1 have erred;' and of Oresetning to the public ample materials, upon which a correct judg mem may be honied of LOY =dud. A greet and im portatit Expedition has felled. , The reaSons of that W hite are to no sought in my condud, as the person spon‘ible to the public rot its success; and no difficulty coirld.haVe arisen, irith no difficulty did ar i se, in of the description to 'Which I have'alluded. T wast• earnestly entreat the attention of the .Court to, observations; and that they will bear them in mini) As itpplicable to. many of the oOservatioes I • shall haVe, : pa make upon the evidence in detail : and , arly cetera that when the :peculiar situation in which, .::stand here is considered, the Court and :Judge-Advocate will believe, that it is With ex- . luelaoce, and under a strong sense of the import ,:anee of this. part of the case to myself, and to fu- • . tare Militarypnrisprudence, that I have allowed my self to make a single comment upon the subjeCt.. I shall now proceed to the subject of your inquiry. You are called upon to investigate the causes of the 'disappointment of the public hopes ' • to ascertain who-: titer they are to be fouud in an unskilful and impro+ dent use of the means placed in my hands for obtain ing the objeCt in .view, or, in the false expectations which, from various caUses, had bin raised upon thin subject, and in the false views entertained and aided upon in retaliation to 'it. That iiilse expectations have been raised, and such view: s entertained, I will prove to. the Court, from the evidence which has been given, and by arguments draw n ti any that evidence,: SO conclusive. as to force contiCton upirn the minds of the most prejudiced. That false information, aris ing from various interested motives, had " been given to the government of this country, my situation has afforded meatnple means of knowing; that it bas been 'acted upon will appear trona ntl instruCtions. To a felll expianarkon upon this subje6t, which it is my duty to give to the Court, I must request your Fred. ens stud earnest attention ; without it, no judgment can be formed as to the propriety of my conduel, or w:ietber I exercised alsound discretion in the inea ' shies which I adopted. It is, in the first place, neces.. sary for my. defence ; tor, unless the situation in which I was aetually placed, wit reference to the pos sibility of obtaining any cotinnercial advantages unless the Min) , and consequent disappointment of the • hopes entertained, in relation to our intercourse with South America,, has given rise to the greater part of exasperated feeling, which has been exerted by those who;e, hopes have been thus the. political situation of that country, the disposi.. tions of the inhabitants towards us, ..their views in relation to us, either as to what had passed, or future intercourse, are fully understood, no correaljndgment can he formed upon my condua, I shall,therefore, en. ter upon this explanation, before I proceed to consider ,either the charges or the occurences whichpreceded et gave rise to them. And I am more particularly anx ious to impress this subje&upon your minds, becau 0 checked,' a free and unrestrained trade with South 'America has long been eagerly sought and looked to, as opening one of the widest fields for mercantile spem culation, Many circumstances combined to produce this impression not merely on the public 'mind, but upon the minds also of many great and eminent statesmen, whose opinions have justly been entitled. to the highest :respell." The General having concluded his statement, the Court adjourned to the following day,. when Gene• ral Artirrp. was called, who bore honourable testi mony t0.44e abilities and chnratier of Gen. WHITE LOCKE : after which, the case on the part of the Pro secution and Defence being closed,, the Court ad journed to this morning, when dui met ibr the purpose of taking the Evitieuee into consideration. MAILS. t V Ea—l Waterford. DV GOttenbUrgh , a &Lau, t Dublin, a WateffOrd. PRICE 01; STOCKS tins DAY 'AT TWELVE O'CLOCK. Consols - •' • • • • - - • • 16.4 T S U N. SOLIIM (11:12 DlCtitE FALSUM AUDIAT L 0 A' D 0 N, WEDNESDAY, MARCU 16, 1.808. bast night Dutch Papers to the tith o°n t,c,tjning intelligence from Paris to the gth; 'reached town,. ,it the length of General WaTaLockes Trial and the I;)arliftmentary Debates, prevent us from giving ^nY extraas from, them. The .0 1 Y k n. ' portant faEt they contain is an . account of a bedfor, 10,000 French troops under General AltOt.t.ts hay. ing taken possession of Rome. Thu Deposition (11: the Pon; was of coarse 'the Consequence. The admirers of erOipent talents ) yigorously successfully employed in th e s e rvice of Great:B ri • tain, will rejoice in the result of the Debate last night in the House of Cbmmons,. when so large 3 majority appeared in favour of the 'Marquis WEL,- I.Est.r,y ) upon that charge on which his ativersaricl chiefly relied to being a parlitunentary censure on condua. • re insert this day the Declaration from the Ern/ peror of AUSTRIA, since the return of Prince 110% STAIiItEMISERG to his Court. It is such a poor corn_ Position in point if faEt and argument, that we e 3l} ' only lament the degraded situation of the Power which is forced to publish so wretched an attack upon its old Ally and best Friend. Yesterday her MAJESTY, 'Princesses AU G"urr MARY, and SOPHIA, honoured Lady C.. FINCII' watt a visit, at her apartmvnts in St...James's Palrice: Yesterday the Dukes of YoKK, ComanatANDP and CAMBRIDGE, ViSitEd Ili/MAJESTY. In the evening their MAJESTIES had a seleit 'party to tea and cards. , Oh Monday the Clomp.: and pa tNcits• EvzA• stria spent the day at ltrogmore. Ir. DoWNE, the pedestrian , finished iiivits,6l"l" iug peaormance of 35 trnles a day, for twenty SO' A:et - Alva days, on' Sunday ev ening, at ten o . ctPc l( ' within fOur miles of Huntingdon, LONDON': Printed by RICHARD ii‘ Is. ON°. 4, iviarglep-court. Do w , sfre gi ; papstwit by %V n. kIAM Anittagat Seam's, of South ftlott=.l.4ti,trt,creftveitot•Sitiarcl t . At the Sun-Ovvicr - No. 12, Stran4 i where Adveiiil'entent t o r d eal , k th e Paper, 1 otie,rl Co t, the firlitar Alit.;tutvallj opus& kieutdreaect. 4 , • . seleaing particular este' Ms and fa&s which 'led to this failure, as grotindS' of chaige against myself, and for Which . 1 was to 7acceiunt I did not complain, becauSo I did not feel that I had a right .to do. so in such a case,. at additions being made to the puritan : . Lars so seleaed, after the charges had (for the purpose "of enabling me to prepare to defend myself, been, first with a - eandid liberality delivered twine ; but I had hoped, = i When I read these charges containing such . specifications; and with such epithets as could not but. excite feelings of mertification which could hardly be increased even by any sentence of this Court, that I' heard all which was so alledged,againSt me ; and. little did I expeCt or imagine, that I was to be called' ,upon, to , recolle& and defend every ea, every order, every expression, and almost every thought, . not of myself only, but of others—e Very detail, however minute, and whether it bad orought to have been brought under my cognizance as . Commander or not ; in short (as the Prosecutor has avowed and stated) not merely the causes which. prevented the reduaion of the province of Buenos Ayres, but my whole eondu& in the expedition; an investigation now (as he truly stated), for the first tiene, and, I hope for the sake of justice, for the last time, instituted in a Military Court • still less could I suppose, that the proteaion Of the Conn could have been neces sary to prevent_ a Prosecutor, educated in legal ha bits, from Ipinsuing me even to any private mo mews, and requiring my Secretary to state all the conversations that in the eoutidence of our relative situations had passed between us; nud yet it is at this point only, and that through the interpOsition of the Court, the Prosecutor has stopped in his inquiry. ' " I i n treat the Court calmly andcandidly to review ,the evidence, and to separate (tin .easy. task) that, which is applicable, to myself, from that which ap. plies only to othe*.leit more particularly to sepa,- ,. rate evidence of opinions as to our operations found ! ed upon experience accpsired by misfortune, and net upon that which was, or could be, known before' i the operations 'Wok place, and ttpon which Only I ' have acted, and by which - only I am 'to be tried - -- in • short, all the evidence which applies the result ' and subsequent, knowledge, instead of previous in formation, as the .criterion by which the' propriety of the measures adoptedis to bearied. Let it not be , said that this arose out of the nature of the proseCu tion ; for if it did, nothing can more strongly evince the injustice of such a course of proceeding. The ac dosed has Ito protection against it--a nakuo is °fatly interposition which bears the 'most dis tant appearance of shutting out any investigation, however remote its application, prevents the pos sibility of his interference. I hope I cannot be accused of having interposed captiouS or trifling ob jeetions : I have studiously eedeavoured TO avoid' • doing so ; but .it canupt have escaped observation, , nor will it hereafter, when this trial is -reterred, to„ that, in the few instances in which : l have ititeriinag andhave' in which I retired from the Court witLthe openly expressed opinion of some of the Members of I tne Court in favour of my Objeaion, lea'ving , the Prosecutor in the extraordinary situation of advising the spurt as to the propriety of his own .question, or the validity of my objection, I have fallen Under the, misfortune of finding the Court unanimous against. me. The Court, in elaborate narra tivesOli-such (ix• tended grounds, comprising every a& and word, can hardly ititerfere. .The witness, without legal as well as military knowledge, cannot selea that whin he is either ; bound to stop„or is justified in stating, 'fititts that which is not evidence against the person cbarg cd ; the necessary consequence (and against which I. should 'have been emitted to, and shbuld have had, the benefit of the' Judge Advocate's protec tion, if lie also had not been my Prosecutor)'is, aim every occurrence, irregularity, every cotiver 7 satioo of others, is . brought to make an aggre gate most prejudicial to me ; not merely with 'reference to the protraaion of the investigation (in itself no trifling evil), but also in the impression 'produced even on those most capable of separating . that which is applicable from that which ix not. I might with confidence ask every Member of the Court, whether be• can possibly divest himself of general impressions arising opt of Such a, course of t ', evidence—and .whether the necessary consequence 'of such a ciatirse of proceeding is not to give a coley and unfavourable complexion to all the errors I ,may have myself committed ? whether, in het, it has not,_ in some, the necessary and inevitable ten- I dency,. even with the strotigest minds, and with . those who are bound in duty to resist such impression (much more with the public, already too deeply ex a perated against me), to load me with all the errors which may have beet) committed by others, as : well as ,by myself, from the first hour of mylanning to mj' ' quitting the Continent of South America, ? But in addition to this consiileratien, I ask those lionour ableivlembers of the Court, who have either corn mauded, or accompanied in high stations, important . expo ditions and militaryoperations, whether any ex-. pedit ion, or long course of military operations; how. ever successfully terminated, could stand the test .of .61.1 C“ an inquiry,'-' .so : coudneed) I put it to .the candour and liberality` of an individual Mem ber Of the :Court, Who has been. so situated, whether, hi looking back' with the benefit more particularly of subsequent knowledge and ex- perience, of localities and circumstances, he ' can not discover' hundreds of instances, in which he would have. pursued a different course with respect to many inferior and accessary details and Opera. tions.? Let it not for' a moment be supposed, that I state this as depreciating the talents of those to ' whom I am making this appeal, or as com paring mine with theirs. Their high public and military estimation, derived from acknowledged talents: as well as success, must "immediate), repel such a suspicion. 1 ask only the benefit, as ap plicable to myself, in shewing Me hardship and in justice, in every point of view; of such a course of proceeding; satisfied, that, when the Court here after, and the public, at future periods, apply these remarks.to the conduct of the Prosecutor, and the mode in which the evidence, and the nature of a very large proportion, it will .be seen and felt, that I do nor complain of this wit bout bbundant cause. I think, that . when the peculiar nature of the trial, and still int:tie from the p rofessional ' 'rank and experience of .... the . Members, this case will be referred to in military ' history and jurisprudence, as p p r ec e d ent , they ; join with me in !affirming that the course pf pro. needing has put upon their minute:ow int;th evidence